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HomeMy WebLinkAbout00 - Agenda►u i CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING DECEMBER 11, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION - 6:00 P.M./REGULAR MEETING - 6:30 P.M. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:00 P.M. DUFFY DUFFIELD, Mayor WILL O'NEILL, Mayor Pro Tem BRAD AVERY, Council Member DIANE B. DIXON, Council Member JEFF HERDMAN, Council Member KEVIN MULDOON, Council Member SCOTT PEOTTER, Council Member GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk CAROL JACOBS, Assistant City Manager NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the City Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the City Council+. If you do fill out the card, please place it in the box at the podium. Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office located at 100 Civic Center Drive (Bay E, 2nd Floor). Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas, minutes and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH DECEMBER 11, 2018 CLOSED SESSION - 6:00 P.M./REGULAR MEETING - 6:30 P.M. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:00 P.M. ROLL CALL - 6:00 p.m. 1111311[sKde]LTA lLy, l:Iill 11&1 The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non -agenda items. Speakers must limit comments to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. III. CLOSED SESSION - Council Chambers Conference Room A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 2 matters Title: Aaron Harp, City Attorney Title: Leilani Brown, City Clerk IV. RECESS V. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION IX. PLEDGE OF ALLEGIANCE X. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. XI. CITY COUNCIL ANNOUNCEMENTS City Council Meeting December 11, 2018 Page 2 XII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 10). Public comments are invited on Consent Calendar from members of the audience and from the teleconference location. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item. All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action. XIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 27, 2018 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. Second Reading and Adoption of Ordinance No. 2018-17 — Amending Newport Beach Municipal Code Titles 1 and 17 Related to the Harbor Department a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2018-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Titles 1 and 17 Related to the Harbor Department. 4. Second Reading and Adoption of Ordinance No. 2018-18 — Amending Newport Beach Municipal Code Title 17, Pertaining to Vessel Speed Limits a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2018-18, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Title 17, Pertaining to Vessel Speed Limits. RESOLUTIONS FOR ADOPTION 5. City Council L-6 Policy Update — Encroachments in Public Rights -of -Way a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Approve the changes to City Council Policy L-6; and c) Adopt Resolution No. 2018-79, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council Policy L-6 Regarding Encroachments in the Public Rights -of -Way. City Council Meeting December 11, 2018 Page 3 6. Resolution to Amend the Recycled Water Commodity Charge a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2018-82, A Resolution of the City Council of the City of Newport Beach, California, Amending the Recycled Water Commodity Charge Effective February 1, 2019. CONTRACTS AND AGREEMENTS 7. Approval of Professional Services Agreement with Utility Systems Science & Software, Inc. for Flow Monitoring Services a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the Professional Services Agreement with Utility Systems Science & Software, Inc. for flow monitoring services for a three-year term with a total amount not -to -exceed $150,000, and authorize the Mayor and City Clerk to execute the agreement. 8. Tentative Agreement with Newport Beach Firefighters Association a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to §§15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Receive and consider the Tentative Agreement between the City of Newport Beach and the Newport Beach Firefighters Association. 9. Annual Reporting on Development Impact Fees and Development Agreements a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and file the Annual Reports on Development Impact Fees and Development Agreements. MISCELLANEOUS 10. Planning Commission Agenda for the December 6, 2018 Meeting Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. PUBLIC COMMENTS ON NON -AGENDA ITEMS Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:00 P.M. PRESENTATIONS • Presentation by District Director Tim Whitacre, on behalf of Board of Supervisor Michelle Steel, to Outgoing Council Member Scott Peotter City Council Meeting December 11, 2018 Page 4 • Presentation to Outgoing Council Member Scott Peotter and Remarks by Council Member Peotter • Presentation of Gavel Plaque to Mayor Duffy Duffield and Remarks by Mayor Duffield CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS 11. Certification of General Municipal Election Results a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2018-83, A Resolution of the City Council of the City of Newport Beach, California, Reciting the Fact of the General Municipal Election Held on Tuesday, November 6, 2018, and Declaring the Result and Such Other Matters as Provided by Law. REORGANIZATION 12. Administration of Oath of Office a) The City Clerk calls elected Council Members Joy Brenner, Diane Dixon, Duffy Duffield and Kevin Muldoon forward, the Oath of Office prescribed in the State Constitution is administered to the elected officials, and the City Clerk delivers to each elected Council Member a Certificate of Election; and b) The elected Council Members are seated at the Council dais. 13. Election of Mayor The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor and conduct election by roll call vote; b) The new Mayor is announced by the City Clerk; and c) The Mayor takes his/her proper place at Council dais. 14. Election of Mayor Pro Tem The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor Pro Tem and conduct election by roll call vote; b) The new Mayor Pro Tem is announced by the City Clerk; and c) The Mayor Pro Tem takes his/her proper place at Council dais. 15. Seating Arrangements for City Council Council decides on seating arrangement of Council dais (per City Council Policy A-1, members of the City Council shall be seated at the City Council table with senior Council Members having first choice of seats. The Mayor, however, shall be seated in the center of the City Council table and the Mayor Pro Temp shall be seated to the right of the Mayor. In the event of equal seniority among members of the City Council, selection of City Council seats shall be made by the Council Member who received the highest margin of victory percentage in the most recent election). 16. Remarks a) Elected Council Members' remarks; and b) New Mayor's remarks. XVIII. CONSENT CALENDAR RESOLUTION FOR ADOPTION 17. Setting City Council Regular Meeting Dates for Calendar Year 2019 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and City Council Meeting December 11, 2018 Page 5 b) Adopt Resolution No. 2018-84, A Resolution of the City Council of the City of Newport Beach, California, Setting the Time and Dates of City Council Regular Meetings for Calendar Year 2019. MISCELLANEOUS 18. Designation of City's Representatives Under California Government Code Section 54957.6(A): Pursuant to California Government Code Section 54957.6(a), designate the Mayor and Mayor Pro Tem as the City's designated representative for purposes of labor negotiations with all unrepresented employees within the Key and Management Group including, but not limited to, the City Manager, City Attorney and City Clerk. XIX. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. XX. ADJOURNMENT Testimony given before the City Council is recorded. The timing light will turn yellow when the speaker has one minute left. The timing light will turn red when the speaker has 10 seconds left. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.